Cases dismissed over Sunset Beach officer's conduct

Friday

May 3, 2013 at 8:10 PM

A seemingly mundane event snowballed into a dizzying fiasco in Brunswick County.

By Brian FreskosBrian.Freskos@StarNewsOnline.com

It is a story that illustrates how a seemingly mundane event can snowball into a dizzying fiasco, and it all starts with Patricia Barbour and her son, Bobbie, taking a drive to the Food Lion in Sunset Beach. On the way, they got into a tiff. Next came Patricia Barbour’s arrest. Later, the cop who handcuffed her was fired and prosecutors in Brunswick County were compelled to dismiss not only Barbour’s case but several others because the arresting officer’s credibility had been shattered.And it may not be over. Bobbie Barbour said Friday his family is considering bringing suit against the officer’s employer, the Sunset Beach Police Department, for what he called the undue stress and strain placed on his mother. Sunset Beach Police Chief Lisa Massey fired the officer, Jamie Clemmons, on Thursday because he delivered contradictory testimony during Patricia Barbour’s drunken driving trial, breaking standard operating procedures and exhibiting conduct unbecoming, according to a copy of the termination letter provided to the StarNews. More specifically, she said he violated rules governing standards of conduct, truthfulness, preparing departmental reports and preparation for court. Bobbie Barbour had stronger words, accusing the officer of willfully lying on the stand. “I’m happy the public was able to see the injustice that was done,” he said in a telephone interview. Attempts to contact Clemmons were unsuccessful Friday. Brunswick County District Attorney Jon David said Friday he assembled a team of prosecutors to review cases involving Clemmons after his reported misconduct came to light, and has now dismissed those in which the officer’s testimony was crucial. In all, he said about five DWI cases were dismissed, along with assorted other traffic offenses. “I’m disappointed we had to make that decision, but it’s one that justice requires under the circumstances,” he said. “I thank Chief Massey for working so closely with our office to address this pressing matter.” Trouble began during the night of May 11, 2012. Bobbie Barbour said he and his mother got into an argument en route to the grocery store. His upset mother threatened to take him to his grandfather’s house. Bobbie, having been drinking, was loathe to go, saying he harbored too much respect for his church deacon grandfather to show up with alcohol on his breath. He recalls saying, take me anywhere but his place. So she took him to the police department. There, Bobbie said, his mother got out of the car and approached two officers standing outside. Soon thereafter, Clemmons pulled up in his patrol car. Clemmons, Bobbie said, asked his mother to blow into an alcohol-sensor. But because she suffers from chronic obstructive pulmonary disease, the officer couldn’t get a read. Next he tried field sobriety tests, but Bobbie’s 53-year-old mother also had difficulty with those because of arthritis, previous back surgery and other health problems. (She recently had a stroke and was still hospitalized when Bobbie spoke to the StarNews). Feeling he had enough evidence, Clemmons arrested Patricia Barbour and took her to the Brunswick County jail. Bobbie said his mother was convicted in district court, but they appealed to superior court. According to Clemmons’ termination letter, during his testimony during the second trial, on April 24, he presented a Driving While Impaired Report – a document outlining the evidence in support of the charge – that included different information than what was included in a report presented during the first trial. During his testimony, Clemmons was wrong about what his mother said, her actions and the timeline of events, Barbour said. David, the district attorney, said his prosecutors noticed the inconsistencies and confronted Clemmons during a break in the trial. It was ultimately decided to dismiss the charge against Patricia Barbour. Prosecutors also contacted Chief Massey, who launched an internal investigation into the affair.Officials say Clemmons’ behavior was not a crime, but did amount to an ethical lapse.